Page:United States Statutes at Large Volume 76A.djvu/439

–343– -343lar directions to the constable, as are required by the provisions of chapter 15 of this title, in an execution to the marshal. § 924. Renewal of execution An execution may, at the request of the judgment creditor, be renewed before the expiration of the time fixed for its return, by the word "renewed" written thereon, with the date thereof, and subscribed by the magistrate. The renewal has the effect of an original issue, and may be repeated as often as necessary. If an execution is returned unsatisfied, another may be afterwards issued. § 925. Duty of constable; execution of writ The constable to whom the execution is directed shall execute it in the same manner as the marshal is required by the provisions of chapter 15 of this title to proceed upon execution directed to him; and the constable, when the execution is directed to him, is vested for that purpose with the same powers as those of the marshal. § 926. Proceedings supplemental to execution Sections 601-608 of this title, relating to proceedings supplemental to execution, apply to the magistrates' courts. § 927. Discharge of persons imprisoned on civil process Sections 661-672 of this title, relating to the discharge of persons imprisoned on civil process, apply to the magistrates' courts. Subchapter VIII—Appeals to District Court § 951. Time for appeal; notice of appeal Any party dissatisfied with the judgment rendered in a civil action in a magistrate's court may appeal therefrom to the district court, at any time within 30 days after notice of the rendition of the iudgment. The appeal is taken by filing a notice of appeal with the magistrate, and serving a copy on the adverse party. The notice shall state whether the appeal is taken from the whole or a part of the judgment, and if from a part, what part, and whether the appeal is taken on questions of law or fact or both. § 952. Appeal on question of law When a party appeals to the district court on a question of law alone, he shall, withm 10 days after notice of the rendition of judgment, prepare a statement of the case and file it with the magistrate. The statement shall contain the grounds upon which the party intends to rely upon the appeal, and so much of the evidence as may be necessary to explain the grounds, and no more. Within 10 days after receiving notice that the statement is filed, the adverse party, if dissatisfied with it, may file amendments. The proposed statement and amendments shall be settled by the magistrate, and if an amendment is not filed the original statements stand as adopted. The statement thus adopted or as settled by the magistrate, with a copy of the docket of the magistrate, and all motions filed with him by the parties during the trial, and the notice of appeal, may be used on the hearing of the appeal before the district court. § 953. Appeal on questions of fact, or law and fact; trial de novo When a party appeals to the district court on questions of fact, or on questions of both law and fact, a statement need not be made, but the action shall be tried de novo in the district court. § 954. Filing of papers on appeal; benefit of legal objections (a) Upon receiving the notice of appeal, and on payment of the fees payable on appeal under sections 348 and 349 of Title 3 and not

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